The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1887-08-05
court Proceedings.

Court convened on Monday, August 1, at
0 a. m. President Judge William Elwell,
and Associates Murphy ana McIIenry on
the bench.
OPINION filed in the will contest in estate
OF Gilbert Fowler
Overscers Of the Poor of the borough Of
Berwick VS.. Overseers of the POOR Of Salem
township, Luzerne courty submitted to
the court with briefs OF counsel.
Commonwealth vs. David Fisher, defend
ant discharged from custody, on habcas
corpus hearing.
Sallie A. Robbins vs.. Harry ]. Robbins,
libel in divorce, subpoena awarded.
M. U. Woodward and Guy Jacoby ap-
pointed appraisers in estate Of Daniel Bow
man.
Petition for citation to file account In es-
tate of Conrad Diffenbacher filed.
Petition for sale of real estate of Henry
T. Miller deceased filed.
John w. Hoffman vs.. b. & s. X. X. Co.
court ordered viewers to meet on the prem
ises on Thursday Aug. 25, at 10 a. m.
In the afternoon Judge Rice, Of Wilkes
barre, presided, having come down to hear
an argument on motion for new trial,
but the case was not argued.
On motion of N. U. Funk, ESQ.,, G. G..
Vors Esq of Northumberland county was
admitted to the bar of Columbia county.
On petition, John P. Harmon appointed
tax collector of Conyngham township, and
James NJ. Reilly for Centralis borough.
Bonds approved and filed.
Petition to vaoatc and lay out a public
road in sugarloaf. J. nj. Buckalew, John
McMichael and Cyrus McHenry appointed
viewers.
On petition for public road in Benton
township near j. ]. McIlenry's residence,
r. w. Lyons, G. IL. Gordner, and l. A.
Dewitt appointed viewers.
Thos Trench VS.. ]. b. Robson. Rule to
show cause why execution should not be
stayed and judgment stricken off.
Judge Elwell made the following remarks
on the new procedure act:
The members of the bar are undoubted-
| ly, all informed of the great and radical
change that has been made In civil proceed
ure so far as regards the action OF assump-
| sit.
by an act passed on the twenty-hfth day
OF May last, the procedure by action OF
debt, covenant, trespass on the case, tres
pass, Is abolished; and all matters arising
ex con'ractu are suaole and recoverable
only in an action to be called au action of
| assumnsit This statute makes a material
change IN practlce, IN respect 10 the ALL
davit OF defense which the defendant is re-
CURED 10 make, IN order 10 prevent Judg.
ment. instead OF specifying the partlcu'
lar matters IN reference 10 whlch Tue am
davit OF deiehse must oe naue-as In oul
rules OF court-thls new law provides tha'
IN all cases OF the actlon OF assumpslt, tlf
Defendant, upon oeing served with the
statement OF the pialntlfl's cause OF action
must make an alnuaVll OF uetense, setting
iorth the nature ana character OF the De
iense; ana "hat Is most important 10 tn'
defendant Is that ne may De required, un
DER thls new statote, 10 HE MS am nlavt OF
defense before the return day OF the writ
the statement is served upon the defend
ant more lnan niteen Gays before the re
tnrn gay. ihe delenuant must make MS al
hdavlt OF deiense al or before that time, O
before judgment Is asked Tor, or else 1udg
ment may be entered against MN IN IN,
prothohotarys once IL there are not III
Teen Gays between tne tlme OF service an!
tne return day Oh tne writ, then tne detend
ant must ME MS anidaVit within 10 Gays al
Ter tne return OF the writ, or else ludgmen
may oe entered LOT want thereo1 IN IN
prothonotarys once by the prothonotary II
vacation III the plaintiff mas not betor
return oay Oh the VIII nieu statement,
may al any tlme atterward DO SO, and, OF
niteen uays' notlce, oDtaln judgment, un
less there Is an amuaVlt OF gtiense. A
this mas anpncation 10 the actlon OF as
sumpsit; the action OF sclre 1acias upon
judgment, mortgage, mechanic's lien, re
cognizance, is untouched by TINS new law
us worthy OF the consideration OF Tn
members OF the Tar whether the rules l
regard 10 taxing judgment LOT want OF
a1ndaV't OF delense should not DC nnlforr
: now IN all cases, so iar as the matter c
| time Is concerneu-whethtr IL would nc
De oetter that, instead OF one RUE ior tn
action OF assumpsit ana anotner ior IN
action OF scire iacias, the time III which
afhdaVit must oe nlled should be the sam
IN all cases. Slnce the passage OF the ac
the courts OF tnliaueiphla nave adopted
set OF rules, which, IN some respects, ma
) be applicable mere, and IN some respect
inappncaDie; all special pleas, except pc
awav in the action of assumnsit and the d
. tendant pleads the general issue
whenever the defendant pleads paymeI
or any other plea authorizing MN TO glN
t special matter in evidence, he is, an
should be, required TO give notice to IL
party hlmseli OF the special matter; as a
accommodation 10 the members OF the 6'
j and the oiicers OF the court, 1t is desirab
1 tha the rules should pe such as 10 requl
a copy OF the statement to be furnished
, the plaintif to the defendant. copy OF Il
! aflaavlt by the defendant TO the plalntll
d and copy OF special matters In defense
o that copy OF such papers should be file
v and another served upon the opposi
counsel, so that, without necessity OF fr
quent resort TO the prothonotary's ONCE,
l. may nave In ms possession among the Ill
a practice in the state of New York. In vie
y of the imDOrtant change in the law II